When does the Ben Jerrys agreement become binding on both parties?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement shall not be binding on either party until it is executed by both parties.
This Agreement may be executed in two or more counterparts, each of which will be deemed an original, and all of which will constitute one and the same instrument.
Each party agrees that this Agreement and any other documents entered into in connection with this Agreement are signed when a party's signature is delivered either as an original handwritten signature or through electronic means.
Electronic signatures are to be treated the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the agreement is not binding on either party until it is executed by both parties. This means that both Ben Jerrys and the prospective operator must sign the agreement for it to become legally effective.
This requirement ensures that both parties are in complete agreement with the terms and conditions before being bound by them. It protects both Ben Jerrys and the franchisee by preventing misunderstandings or disputes that could arise from an unsigned or incomplete agreement.
Furthermore, the agreement can be executed in two or more counterparts, each of which is considered an original, and all of which together constitute one and the same instrument. The agreement and any other documents connected with it are considered signed when a party's signature is delivered either as an original handwritten signature or through electronic means. Electronic signatures are treated the same as handwritten signatures regarding validity, enforceability, and admissibility.